Date: 19990914
Docket: IMM-4531-99
BETWEEN:
ESHANUL HAQUE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered by telephone conference
in Ottawa, Ontario, on September 14, 1999, as edited.)
BLAIS J.
[1] This is a motion to stay the removal of the applicant to Pakistan, scheduled for today, September 14, 1999 at 3:10 p.m.
[2] The applicant is detained since Friday, September 10, 1999, pursuant to withdrawal of sureties.
[3] Pursuant to the second element of the test for a stay, that is "irreparable harm", I am not convinced that the applicant will suffer irreparable harm if he is deported to Pakistan. He left that country 18 years ago and returned there on a regular basis to visit and was never at risk.
[4] The applicant has not convinced the Court that he will suffer any risk if he is deported there.
[5] Counsel for the applicant mentioned his client"s intention to go elsewhere, it will be up to him to do it when he is in Pakistan.
[6] As far as this element is concerned, he is not meeting the test.
[7] Regarding the two other elements of the test, it is not necessary for me to address them today.
[8] The application will be dismissed.
Pierre Blais
Judge
OTTAWA, ONTARIO
September 14, 1999